Commonwealth v. Garrett

In his pursuit of postconviction relief from three convictions of armed robbery, the defendant has been here before. 22 Mass. App. Ct. 1110 (1986). On that occasion, we remanded the matter for an evidentiary hearing, concluding that the defendant had raised substantial issues concerning: (1) counsel’s informing the judge (the trier of fact), during a lobby conference held before the Commonwealth had rested, that the defendant “is willing to allow the Commonwealth at this point to rest and for [the judge] to find him guilty of the charges”; and (2) the possible application of Commonwealth *965v.…